State v. Jenkins

Defendant appealed from a judgment. He was convicted of the crime of an attempt to commit rape.

The girl was 14 years old. It is urged upon, authority of State v. Connelly, 57 Minn. 482, 59 N. W. 479, and other cases, that the evidence is insufficient. We are not so convinced. An examination of the record satisfies us that the question was for the jury. A girl of such tender years might not resort to the same degree or character of force as an older person. The record does not disclose anything to indicate that her resistance was not real or that it was not exerted in good faith. The jury…